Revised Council Agenda
Revised Items are Italicized.

Meeting Number: 3
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Council Chamber

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Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​


INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

    1. The the minutes of the February 11, 2020 Council meeting be adopted.

OF 50 AND 45 STOREYS CONNECTED BY A 10 STOREY PODIUM AT 25, 11,9 AND 5 LANGSTAFF ROAD EAST (WARD 1) (10.5, 10.7)

    1. That the memo dated February 25, 2020 from the Commissioner, Development Services  on "Application for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Condor Properties Ltd. to permit two residential towers of 50 and 45 storeys connected by a 10 storey podium at 25, 11, 9, and 5 Langstaff Road East (Ward 1), File Nos. ZA 18 162178 and SU 18 162178”; be received, and,
    2. That Draft Plan of Subdivision 19TM-18006 (SU 18 162178) submitted by Condor Properties Ltd. be approved subject to the conditions attached in Appendix ‘A’ as may be modified by the Director of Planning and Urban Design or designate; and,
    3. That Zoning By-law Amendment application (ZA 18 162178) submitted by Condor Properties Ltd. and attached as Appendix ‘B’ be finalized and enacted without further notice; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-law 2020-11)

No Attachment

    1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. Epilepsy Awareness Month - March
      2. Purple Day (Epilepsy Awareness) - March 26, 2020
    2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
      1. World Lymphedema Day - March 6, 2020

Please refer to your February 10, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

    1. That the report entitled “Authorization for Submission of a Minor Variance Application by King Square Limited on the lands municipally known as 9390 Woodbine Avenue (Ward 2)”, dated February 10, 2020, be received; and,
    2. That in accordance with the provisions of subsections 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owner shall through this Resolution, be permitted to apply to the Committee of Adjustment for variances from the provisions of Zoning By-law 2019-35, before the second anniversary of the day on which the by-law was approved by Council; and further,
    3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

MUNICIPALLY KNOWN AS 3882 HIGHWAY 7 EAST (WARD 3) (10.3, 10.5)

    1. That the report entitled “RECOMMENDATION REPORT, Applications for Official Plan and Zoning By-law Amendments submitted by Kingsberg Warden Developments Inc. to permit an 8-storey, 91 unit residential building on the lands municipally known as 3882 Highway 7 East (Ward 3)”, dated February 10, 2020, be received; and,
    2. That the Official Plan Amendment application submitted by Kingsberg Warden Developments Inc., to amend the 2014 Official Plan, be approved, and that the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted without further notice; and,
    3. That the Zoning By-law Amendment application submitted by Kingsberg Warden Developments Inc., to amend Zoning By-law 118-79, as amended, be approved and that the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted without further notice; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-laws 2020-8 and 2020-9)

    1. That the report entitled “Award of RFP 195-R-19 Consulting Engineering Services for a Municipal Class Environmental Assessment Study for Elgin Mills Road from Prince Regent Street to McCowan Road (Wards 2, 5 and 6)”, be received; and,
    2. That the Contract for RFP 195-R-19 Consulting Engineering Services for a Municipal Class Environmental Assessment Study for Elgin Mills Road from Prince Regent Street to McCowan Road be awarded to the highest ranked lowest priced bidder, Cole Engineering Group Limited in the amount of $482,292.64, inclusive of HST; and,
    3. That a 10% contingency in the amount of $48,229.26, inclusive of HST, be established to cover any additional costs to deliver the Municipal Class EA Project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
    4. That an allowance in the amount of $61,056.00, inclusive of HST, be established for permits and additional fees that may be required as part of the study; and,
    5. That the Engineering Department Capital Administration Fee in the amount of $71,242.01, inclusive of HST, be transferred to Revenue Account 640-998-8871 (Capital Admin Fees); and,
    6. That the project cost of $662,819.91 ($482,292.64 + $48,229.26 + $61,056.00 + $71,242.01) inclusive of HST, be funded from capital account 640-101-5699-19033 (Elgin Mills Municipal Class Environmental Assessment Study) with budget available of $567,000; and
    7. That the budget shortfall in the amount of $95,819.91 ($567,000 - $662,819.91) be funded from the Development Charges Reserve; and
    8. That the Regional Municipality of York be informed of Council’s decision; and further,
    9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Please refer to your February 11, 2020 Special Development Services Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the Special Development Services Committee be received & adopted (1 item):

    1. That the report entitled “Supplementary Report: City Of Markham Comments on York Region’s Draft Employment Framework – 2041 Regional Municipal Comprehensive Review” dated February 11, 2020 be received; and,
    2. That the deputations of Christine Cote, Sandra Wiles, Sam Balsamo, Kate Cooper, Dagmar Teubner, Patrick Kerney, and Randy Peddigrew be received; and,
    3. That the communications submitted by Dagmar Teubner be received; and,
    4. That the February 11, 2020 report entitled “Supplementary Report: City Of Markham Comments on York Region’s Draft Employment Framework – 2041 Regional Municipal Comprehensive Review, which includes the report dated September 23, 2019 entitled “City of Markham Comments on York Region’s Draft Employment Framework – 2041 Regional Comprehensive Review” attached as Appendix ‘A’, as well as the direction from Development Services Committee regarding 11 requests for employment land conversion, be forwarded to York Region as Markham Council’s input to date on the Region’s 2041 Municipal Comprehensive Review; and,
    5. That Council not support the request submitted by Markham Woodmills Developments Inc. for conversion of the employment lands located at the northeast corner of Highway 404 and Elgin Mills Road; and,
      1. That staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and, 
    6. That Council support the request submitted by 1628740 Ontario Inc. and 1628741 Ontario Inc. for conversion of the employment lands located at 2718 and 2730 Elgin Mills Road, subject to confirmation by York Region that no access to the employment lands along Highway 404 immediately to the west of the subject lands is possible from Elgin Mills Road through the subject lands; and,
      1. That staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and,
    7. That Council support the following employment land conversion requests, subject to the respective landowners entering into an agreement with the City of Markham for submissions of Official Plan and Zoning-By-law amendment applications contemplating the provision of affordable purpose-built rental and seniors housing as well as retention of employment uses, prior to ultimate consideration of the conversion requests by York Region Council:
      1. Condor Properties Ltd., 2920 16th Avenue;
      2. King Square Ltd., 136 Markland Street; and,
      3. Neamsby Investments Inc., 5821 to 5933 14th Avenue; and,
    8. That Council's consideration of the request submitted by The Wemat Group for conversion of the employment lands located at the southwest corner of Highway 7 and Highway 404 be postponed to allow for the submission of an appropriate revised development concept plan prior to ultimate consideration of the conversion request by York Region Council; and,
    9. That Council's consideration of the request submitted by Belfield Investments for conversion of the employment lands located at the southwest corner of Highway 407 and Woodbine Avenue not be supported at this time, but that the potential for mixed use development on the lands be evaluated through a future study of the larger area context; and,
    10. That Council’s consideration of the following requests for conversion of employment lands to a non-employment land use be postponed and evaluated through secondary plan studies:
      1. Meadow Park Investments, 77 Anderson Avenue, as well as the additional parcels in the Mount Joy Business Park;
      2. Wu’s Landmark/First Elgin Mills Developments Inc., 10900 Warden Avenue & 3450 Elgin Mills Road;
      3. Cornell Rouge Development Corporation, Varlese Brothers Limited, 2432194 Ontario Inc., and 2536871 Ontario Inc., 7386-7482 Highway 7, 8600-8724 Reesor Road; and
      4. Norfinch Construction (Toronto) Ltd., 7845 Highway 7; and,
    11. That Council support the request for conversion of employment lands submitted by Primont Homes and Cornell Rouge Development Corp. (Part of Lot 11, Concession 9); and,
    12. That Council not support the consideration of the following additional request for the conversion of employment area lands to a non-employment land use as described in Appendix ‘B’ to the February 11, 2020 report, in the 2041 Regional Municipal Comprehensive Review:
      1. Varmo Investment Company, 108, 111-113, 112-118 Doncaster Ave; and,
    13. That Council support the staff-initiated conversion of the following additional employment areas lands for non-employment uses, as described in the September 23, 2019 report attached as Appendix ‘A’ to this report, as follows:
      1. The parcel(s) municipally known as 110 Copper Creek Drive in Box Grove, as described in Appendix ‘E’ to the September 23, 2019 report; and further,
    14. That staff be authorized and directed to do all things necessary to give effect to the resolution.

Please refer to your February 18, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the General Committee be received & adopted. (Items 1 to 3):

    1. That the report entitled, “Transfer of Unclaimed Refundable Security Deposits” be received; and,

    2. That the Treasurer be authorized to transfer unclaimed security deposits, up to the amount of $773,000.00, representing deposits placed prior to December 31, 2014 for undertakings, to the Corporate Rate Stabilization Reserve; and,

    3. That the cost incurred to place the Public Notice, exclusive of HST, be offset against the refundable security deposits to be transferred to the City’s reserve; and,

    4. That the Treasurer be authorized to transfer future unclaimed security deposits to the Corporate Rate Stabilization Reserve; and,

    5. That the Treasurer be authorized to release any security deposits, from the Corporate Rate Stabilization Reserve in the event of a future, eligible, refund claim; and further,

    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “Roadside Ditch Alteration Policy”, dated February 18, 2020, be received; and,
    2. That the presentation entitled “Roadside Ditch Alteration Policy”, dated February 18, 2020, be received; and,
    3. That Council adopt the Roadside Ditch Alteration Policy, as presented in “Attachment “A”; and,
    4. That Council approve amendment to the Road Occupancy By-law 2018-109 as deemed necessary by the City Solicitor and the Commissioner of Fire and Community Service to implement the Roadside Ditch Alteration Policy; and,
    5. That the ditch restoration program be implemented starting in year 2021; and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Note: Notice of this Motion was provided at the January 27, 2020 Development Services Committee meeting. This motion was postponed at the February 11, 2020 Special Development Services Committee meeting and referred to the February 18, 2020 General Committee meeting at the February 11, 2020 Council meeting.

  • Whereas City of Markham planning strives to create complete, mixed-use, high-density, Rail Integrated Communities (RICs) at its rail stations as part of its development objectives to create a competitive and balanced economy, high quality of life, walkable communities, reduced commuter times, reduced gridlock, and reduced carbon footprint; and,

    Whereas Rail Integrated Communities (RICs) are key to changing development patterns by creating mixed-us high-rise communities at GO Transit, subway and 407 Transitway stations; and,

    Whereas Rail Integrated Communities (RICs) present the opportunity to incorporate 20 per cent affordable housing into these areas by re-purposing the 407 hydro corridor transmission lands and GO Transit station parking lots; and,

    Whereas Rail Integrated Communities (RICs) allow the development of autonomous vehicle First Mile/Last Mile strategy at transit stations; and,

    Whereas the Province of Ontario has indicated that future GO Transit, subway, and 407 Transitway development will be based on re-purposing the lands to their highest and best use in partnership with the private sector development industry, investors, and pension funds; and,

    Whereas Vancouver's Canada Line currently has 150,000 boardings per day with two-car driverless electric trainsets, 40-50m station platforms, and a frequency of 18 trains per hour; and,

    Whereas the Richmond Hill GO line has 10,500 boardings per day with 10 car double-decker trainsets; and,

    Whereas the Stouffville and Barrie GO lines have 18,000 boardings per day with 12-car double-decker trainsets with 300m station platforms; and further,

    Whereas the GO rail transit network is an underperforming government asset, as almost all of the GO stations in the Greater Toronto Area (GTA) are predominantly parking lots filled with cars that significantly contributed to the 11 billion dollars of lost economic productivity by gridlock, and the GO Transit network does not have enough stations surrounded by office, retail, and residential development nor enough frequency of rail transit service, and each GO Transit corridor should be planned to achieve ridership of 200,000 boardings per day for the Stouffville, Richmond Hill, and Barrie lines;

    Therefore, be it resolved:

    1. That current and future stations in the three GO rail transit corridors in York Region be strategically planned as complete Rail Integrated Communities (RICs) (i.e., as scalable, attractive rail integrated communities throughout York Region that could include district energy, central garbage collection systems, utility corridors, Internet of Things, and urban vertical farming which could create communities that reduce the cost of living by 20-30 per cent); and,
    2. That the Government of Ontario and Metrolinx be requested to support the re-purposing of the GO Transit lines throughout York Region, transitioning them to more subway-style services with shorter electric trainsets, shorter station platforms, more rail stations with a frequency of 3-5 minutes service in peak times and 6-12 minute service in non-peak times; and,
    3. That Metrolinx be requested to complete upgrades to the GO rail network, allowing all Rail Integrated Communities (RICs) to have similar functionality, scalability, and be spatially planned; and,
    4. That all station areas included in the attached rail transit station map be included in York Region's Municipal Comprehensive Review; and,
    5. That financing for these stations be from development charges, up-zoning, re-purposing land, condo transit fee uplift, investors, pension fund investments, and Tax Increment Financing (TIF); and,
    6. That the Province of Ontario be requested to support the development of scalable, Rail Integrated Communities (RICs) throughout York Region; and,
    7. That a copy of this resolution be forwarded to the councils of the City of Richmond Hill and City of Vaughan for their endorsement and partnership in achieving these objectives; and further,
    8. That a copy of this resolution be forwarded to:
      1. the Honourable Doug Ford, Premier of Ontario;
      2. the Honourable Christine Elliott, Deputy Premier and Minister of Health;
      3. the Honourable Rod Phillips, Minister of Finance;
      4. the Honourable Victor Fedeli, Minister of Economic Development, Job Creation and Trade;
      5. the Honourable Stephen Lecce, Minister of Education;
      6. the Honourable Caroline Mulroney, Minister of Transportation & Francophone Affairs;
      7. the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks;
      8. the Honourable Greg Rickford, Minister of Energy, Mines, Northern Development and Indigenous Affairs;
      9. the Honourable Todd Smith, Minister of Children, Community and Social Services;
      10. the Honourable Steve Clark, Minister of Municipal Affairs and Housing;
      11. the Honourable Laurie Scott, Minister of Infrastructure Ontario;
      12. all Members of Parliament and Members of Provincial Parliament in the Regional Municipality of York; and,
      13. the Council of the Regional Municipality of York.

Please refer to your February 24, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

  • That the report of the Development Services Committee be received & adopted (1 item):

WEST SIDE OF KENNEDY ROAD, NORTH OF 16TH AVENUE (9332 TO 9346 KENNEDY ROAD, FILE NOS. OP 18 182671, ZA 18 182671 AND SPC 19 132197 (WARD 6) (10.3, 10.5)

    1. That the report titled “ RECOMMENDATION REPORT, Applications Uptown Green Garden Inc., for Official Plan and Zoning By-law Amendments and Site Plan Approval to permit a nine (9) storey mixed use building on the west side of Kennedy Road, north of 16th Avenue, 9332 to 9346 Kennedy Road, File Nos. OP 18 182671, ZA 18 182671 and SPC 19 132197 (Ward 6)” be received;
    2. That the Official Plan Amendment application submitted by Uptown Green Garden Inc., to amend the 2014 Official Plan, be approved by Council, and that the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted by Council; 
    3. That the amendments to Zoning By-laws 304-87 and 177-96, as amended be approved and the draft implementing Zoning By-law, attached as Appendix ‘B’, be finalized and enacted, without further notice; 
    4. That the Site Plan application by Uptown Green Garden Inc., be endorsed in principle, subject to the Conditions attached as Appendix ‘C’ and subject to any refinements as required by the Design Review Panel; 
    5. That the approval of the Site Plan application be delegated to the Director of Planning and Urban Design or his designate once further refinements to the building elevations have been provided to the satisfaction of the City Architect; 
    6. That site plan endorsement shall lapse after a period of three (3) years from the date of endorsement, in the event that the site plan agreement is not executed within that period; 
    7. That in accordance with the provisions of subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the owner shall, through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the zoning by-law attached as Appendix ‘B’ to this report, before the second anniversary of the day on which the by-law was approved by Council; 
    8. That servicing allocation for two hundred and sixty nine (269) dwelling units be assigned to the subject development; 
    9. That the City reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner; 
    10. That the proposed mixed use development be designated a Class 4 area to allow for the implementation of “on building” noise control measures to mitigate sound level excesses on the building emanating from the existing Unionville Montessori Private School site located at 4484 16th Avenue; 
    11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    (By-laws 2020-12 and 2020-13)

     

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

No Attachment

That the following recommendation of the Licensing Committee from the Hearing held on December 4, 2019, be approved and adopted:

    1. That the application to remove one (1) Black Walnut Tree at 18 Brookfield Court, Markham, be approved; and,
    2. That the applicant provide for four (4) replacement trees on the property of 18 Brookfield Court or any other private property in Markham, and in a size and native species deemed appropriate by staff, by September 30, 2020, or provide a cash-in-lieu payment of $600.00 per tree; and further,
    3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

No Attachment

That the following recommendation of the Licensing Committee from the Hearing held on December 4, 2019, be approved and adopted:

    1. That the application to remove one (1) Austrian Pine at 16 Hammok Crescent, Markham, be approved; and,
    2. That the applicant provide for four (4) replacement trees on the property of 16 Hammok Crescent or any other private property in Markham, and in a size and native species deemed appropriate by staff, by September 30, 2020, or provide a cash-in-lieu payment of $600.00 per tree; and further,
    3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

Note: Council is required to appoint Councillors to this Board. At the February 11, 2020 Council meeting, no appointments were made.

 

That By-laws 2020-8 and 2020-9 and 2020-11 to 2020-13 be given three readings and enacted.

Three Readings

A by-law to adopt an Official Plan Amendment to the in force Official Plan (Revised 2014), as amended, to provide for a residential building.

(Item 8.1.2, Report No. 5)

A By-law to amend By-law 118-79, as amended by By-law 75-98, and to amend By-law 177-96, as amended to permit a residential development on the lands.

(Item 8.1.2, Report No. 5)

A By-law to amend By-law 2551, as amended and to amend By-law 177-96, as amended to permit a mixed-use development on the lands.

(Item 11.2, New/Other Business, February 11, 2020 Council meeting)

A by-law to adopt an Official Plan Amendment to the in force Official Plan (Revised 2014), as amended, to permit the development of a mixed-use building.

(Item 8.4.1, Report 8)

A By-law to amend By-law 304-87, as amended and to amend By-law 177-96, as amended to permit the development of a mixed-use building.

(Item 8.4.1, Report 8)

  • That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

14.1
CONFIDENTIAL COUNCIL MINUTES - FEBRUARY 11, 2020
 

14.2
COUNCIL
 

14.2.1
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]
 

14.3
DEVELOPMENT SERVICES COMMITTEE
 

14.3.1
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; – LPAT APPEAL - 91 ANDERSON AVENUE (WARD 5) [SECTION 239 (2) (e)] (8.0)
 

  • That By-law 2020-10 be given three readings and enacted.

    Three Readings

    BY-LAW 2020-10 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 20, 2020.
    No attachment

No Item Selected